The Delhi High Court Bar Association (DHCBA) on Thursday passed a resolution expressing its opposition to the Supreme Court Collegium’s recent recommendation to transfer sitting HC judge, Justice Gaurang Kanth, to the Calcutta High Court.
Justice Kanth was appointed as a judge of the Delhi High Court on May 18, 2022.
On Thursday, the Supreme Court Collegium reaffirmed its previous recommendation dated July 5, insisting on Justice Kanth’s transfer to the Calcutta High Court.
The Collegium also dismissed Justice Kanth’s plea to be transferred to the Madhya Pradesh High Court, Rajasthan High Court, or any other nearby state.
In the resolution, the DHCBA said that the association expresses its serious concern about the recommendation of the Collegium of the SC in terms of which the proposal has been made to transfer Justice Kanth.
“DHCBA strongly resents the said recommendation. Needless to say that such transfer would adversely effect the dispensation of justice on account of consequent reduction of the existing strength of Hon’ble Judges,” it said.
“It is a matter of regret that while no attention is being paid by all concerned regarding the process of filling up of the existing vacancies in the Delhi High Court, yet the transfer of Hon’ble sitting Judge is being made thereby further reducing the existing strength of Hon’ble Judges in Delhi High Court,” it further said.
“Delhi High Court Bar Association therefore requests the collegium of the Hon’ble Supreme Court to kindly revisit the aforesaid recommendation. Besides the copy of this resolution is also being sent to the Central government thereby requesting them to not to act on the said recommendation and instead call upon the collegium to re-consider the aforesaid decision,” the resolution further said.
The DHCBA further in its resolution said that they unanimously resolve to request its members to abstain from work on Monday, i.e. July 17 as a token of protest as the said transfer is a rarest of rare case. “Members are requested to co-operate,” it added.
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